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<br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />Historv <br />No penalty is appropriate for history. <br />Seriousness <br />I believe that the penalty should be dropped to $500.00 because all ponds are being visited once <br />per week for water monitoring and sampling, if discharge is present. With this frequency of <br />visitation, the potential for environmental damage or harm to humans or structures is minimal. <br />Fault <br />I concur that $500.00 is an appropriate daily penalty for this NOV. <br />Number of Days Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />I concur that faith is not warranted for this <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $500.00 <br />Fault $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty for NOV CV-97-012 $1,000.00 <br />